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N.B. KENNEY CO. v. NATIONAL UNION FIRE INSURANCE CO. OF PITTSBURGH, PA

No. 06-P-1120.

70 Mass. App. Ct. 736 (2007)

N.B. KENNEY COMPANY, INC. v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA; TOWN OF IPSWICH, third-party defendant.

Appeals Court of Massachusetts, Suffolk.

November 21, 2007.

Attorney(s) appearing for the Case

John P. Connelly for National Union Fire Insurance Company of Pittsburgh, PA.

Alexander Klibaner for town of Ipswich.

Joseph A. Pisarri for the plaintiff.

Present: DUFFLY, ARMSTRONG, & KAFKER, JJ.

ARMSTRONG, J.

The plaintiff (Kenney), a heating, ventilation, and air conditioning (HVAC) subcontractor on a school construction project in the town of Ipswich (Ipswich), appeals from a judgment dismissing its complaint against the defendant (National Union), surety for the general contractor, Westcott Construction Corporation (Westcott), seeking payment on the surety bond of $286,282.60 Kenney claimed to be owed for its work on the school. The judge dismissed the...

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